June 29, 2005, Introduced by Reps. Lemmons, III and Lemmons, Jr. and referred to the Committee on Government Operations.
A bill to amend 1931 PA 328, entitled
"The Michigan penal code,"
(MCL 750.1 to 750.568) by amending the title, as amended by 1991 PA
56, and by adding section 304a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
TITLE
An act to revise, consolidate, codify and add to the statutes
relating to crimes; to define crimes and prescribe the penalties
therefor; to provide for restitution under certain circumstances;
to provide for the competency of evidence at the trial of persons
accused of crime; to provide immunity from prosecution for certain
witnesses appearing at such trials; to provide for the licensing of
certain persons; to prescribe the powers and duties of certain
state and local governmental officers and agencies; to require the
promulgation
of rules; and to repeal certain acts
and parts of
acts. inconsistent
with or contravening any of the provisions of
this
act.
Sec. 304a. (1) This chapter does not apply to activities
related to operating a sports pool as allowed under this section.
(2) The board may issue a license to a person to operate a
sports pool in a city.
(3) A person shall not operate a sports pool under this
section unless the person does all of the following:
(a) Obtains and maintains any license required by federal or
state law, regulation, or rule or by city ordinance to operate the
sports pool.
(b) Complies with any federal or state law, regulation, or
rule or city ordinance relating to the operation of the sports pool
or to any other business conducted by the person related to the
operation of the sports pool.
(4) The board shall promulgate rules to implement this section
pursuant to the administrative procedures act of 1969, 1969 PA 306,
MCL 24.201 to 24.328.
(5) As used in this section:
(a) "Board" means the Michigan gaming control board created in
section 4 of the Michigan gaming control and regulatory act, the
Initiated Law of 1996, MCL 432.204.
(b) "City" means that term as defined in section 2 of the
Michigan gaming control and regulatory act, the Initiated Law of
1996, MCL 432.202.
(c) "Person" means an individual, partnership, corporation,
association, or other legal entity. Person includes a person
licensed to operate a casino under the Michigan gaming control and
regulatory act, the Initiated Law of 1996, MCL 432.201 to 432.226.
(d) "Sporting event" does not include a horse race.
(e) "Sports pool" means the business of accepting wagers on
sporting events by any system or method of wagering. Sports pool
includes providing information, including, but not limited to, the
following types of information, to aid the placing of wagers on
sporting events:
(i) A line, point spread, or odds.
(ii) Advice or an estimate or prediction regarding the outcome
of a sporting event.
Enacting section 1. This amendatory act shall be submitted as
provided by the Michigan election law, 1954 PA 116, MCL 168.1 to
168.992, to the qualified electors of this state at the next
general election held after the effective date of this amendatory
act. This amendatory act does not take effect unless it is approved
by both of the following at that election:
(a) A majority of the electors of this state voting in the
election.
(b) A majority of the electors voting in the city where
gambling as authorized under this amendatory act will take place.
Enacting section 2. If approved by the electors under enacting
section 1, this amendatory act takes effect 45 days after the date
of the official declaration of the vote.